Common use of Landlord’s Default and Tenant’s Remedies Clause in Contracts

Landlord’s Default and Tenant’s Remedies. Landlord shall be in default if it fails to perform any term, condition, covenant or obligation required under this Lease for a period of thirty (30) days after written notice thereof from Tenant to Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is such that it cannot reasonably be performed within thirty (30) days, such default shall be deemed to have been cured if Landlord commences such performance within said thirty-day period and thereafter diligently undertakes to complete the same. In the event Landlord fails to cure any Landlord breach within a reasonable period of time, then Tenant shall have the right, but not the obligation, to perform such obligation on Landlord’s behalf. Upon the occurrence of any such default, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from the breach, but Tenant shall not be entitled to terminate this Lease. If any action is taken by Tenant pursuant to this paragraph, then Tenant may offset from rent coming due any reasonable and documented costs and expenses in taking such action.

Appears in 2 contracts

Samples: Office Lease (Lightning eMotors, Inc.), Office Lease (Lightning eMotors, Inc.)

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Landlord’s Default and Tenant’s Remedies. Landlord shall be in default if it fails to perform any term, condition, covenant or obligation required under this Lease for a period of thirty (30) days after written notice thereof from Tenant to Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is such that it cannot reasonably be performed within thirty (30) days, such default shall be deemed to have been cured if Landlord commences such performance within said thirty-day period and thereafter diligently diligently, continuously and in good faith undertakes to complete the same. In the event Landlord fails to cure any Landlord breach within a reasonable period of time, then Tenant shall have the right, but not the obligation, to perform such obligation on Landlord’s behalf. Upon the occurrence of any such defaultdefault by Landlord, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from the breachsuch default, but Tenant shall not be entitled to terminate this LeaseLease or withhold, offset or xxxxx any sums due hereunder. If In no event, however, shall Landlord be liable to Tenant for any action is taken by Tenant pursuant to this paragraph, then Tenant may offset from rent coming due any reasonable and documented costs and expenses in taking such actionconsequential or punitive damages. Section 13.04.

Appears in 1 contract

Samples: Office Lease (eHealth, Inc.)

Landlord’s Default and Tenant’s Remedies. (a) Landlord shall be in default if it fails to perform any term, condition, covenant or obligation required under this Lease for a period of thirty (30) days after written notice thereof from Tenant to Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is such that it cannot reasonably be performed within thirty (30) days, such default shall be deemed to have been cured if Landlord commences such performance within said thirty-day period and thereafter diligently undertakes to complete the same. In the event Landlord fails to cure any Landlord breach same within a reasonable period of time, then Tenant shall have the right, but not the obligation, to perform such obligation on Landlord’s behalftime period. Upon the occurrence of any such default, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from the breach, but Tenant shall not be entitled to terminate this LeaseLease or withhold, offset or xxxxx any sums due. If In no event, however, shall Landlord be liable to Tenant for any action is taken by consequential or punitive damages. Tenant pursuant to acknowledges and agrees that this paragraph, then Tenant may offset from rent coming due any reasonable and documented costs and expenses Lease will not be impacted in taking such actionthe event of external changes that make Tenant’s business less profitable or more difficult.

Appears in 1 contract

Samples: Office Lease (Channeladvisor Corp)

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Landlord’s Default and Tenant’s Remedies. Except as otherwise specifically set forth in this Lease, Landlord shall be in default if it fails to perform any term, condition, covenant or obligation required under this Lease for a period of thirty (30) days after written notice thereof from Tenant to Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is such that it cannot reasonably be performed within thirty (30) days, such default shall be deemed to have been cured if Landlord commences such performance within said thirty-day period and thereafter diligently undertakes to complete the same. In the event Landlord fails to cure any Landlord breach within a reasonable period of time, then Tenant shall have the right, but not the obligation, to perform such obligation on Landlord’s behalf. Upon the occurrence of any such default, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from the breach, but Tenant shall not be entitled to terminate this Lease. If Lease or withhold, offset or xxxxx any action is taken by Tenant sums due hereunder except as specifically set forth herein or pursuant to this paragrapha valid order issued by a court of competent jurisdiction. In no event, then however, shall Landlord be liable to Tenant may offset from rent coming due for any reasonable and documented costs and expenses in taking such actionconsequential or punitive damages.

Appears in 1 contract

Samples: Office Lease (Aerpio Pharmaceuticals, Inc.)

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